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GAZETTE
AUGUST/SEPTEMBER
1995
Criminal Procedure Bill 1995
This private member's Bill, as intro-
duced by Mr John O'Donoghue, TD,
aims to provide for the prompt hearing
of criminal trials and to establish a
new procedure for the preparation for
trial of indictable offences.
Domestic Violence Bill 1995
This Bill, as presented by the Minister
for Equality and Law Reform, aims to
amend the law on the protection of
persons from violence in the home. It
proposes to extend the law on 'barring
orders' and 'protection orders' (at
present confined to spouses and their
children) to wider classes of person
including cohabitants and their
children. The Bill also aims to give
the court power to order long term
protection orders (to be known as
'safety orders'), to give new powers
to the health boards to apply for
orders under the Bill, to increase
penalties and to give new powers of
arrest to the Gardai in dealing with
cases of domestic violence.
People
(Director
of
Public
Prosections) v. M.
Supreme Court
(Finlay CJ; O'Flaherty, Egan, Blayney
and Denham JJ) [1994] 2 ILRM 541
Appeal - Sentence - Severity -
Buggery and indecent assault -
Whether
sentence
excessive
Principles of sentencing - Constitut-
ional rights of an accused person -
Guilty
plea -
Recognition of
offender's personal circumstances -
Prospect of rehabilitation - Reduction
of sentence in mitigation - Offences
Against the Person Act 1861, ss. 61,
62 - Criminal Law (Rape) (Amend-
ment) Act 1990, ss. 2, 4
ENERGY
Energy (Miscellaneous Provisions)
Bill 1995
This Bill, as presented by the
Minister for Transport, Energy and
Communications, aims to implement
a wide variety of proposals relating to
the
prodution,
supply,
sale,
transmission, distribution and use of
certain forms of energy and matters
incidental to those activities.
EUROPEAN COMMUNITY
Bosphorus Hava Yollari Turzim v.
Minister for Transport and Ors
High
Court (Murphy j) [1994] 2 ILRM 551
Legislation - Council Regulation -
Impounding aircraft in which a
majority or controlling interest held
by Yugoslav person or undertaking -
Aircraft
leased
by
Yugoslav
undertaking to Turkish company -
Aircraft impounded in Ireland -
Nature of 'interest' - Whether interest
in
posession
-
European
Communities (Prohibition of Trade
with the Federal Republic of
Yugoslavia (Serbia and Montenegro))
Regulations
1993
-
Council
Regulation 990/93/EEC
Legislation - Regulation - Inter-
pretation - United Nations Security
Council
Resolution
basis
for
regulation - Whether judicial or
academic interpretation of resolution
of assistance - Teleological or
schematic
approach -
United
Nations Security Council Resolution
820/1993 - Council Regulation
990/93/EEC
FAMILY
M.P.D. v. S.M.B. High Court (Budd ])
[1995] 1 ILRM 30
Custody -
Child abduction
-
Wrongful removal and detention of
child by mother outside child's
country of habitual residence -
Application by father for return of
child - Whether father acquiesed in
child's removal - Whether there was
a grave risk that return would cause
physical or psychological harm to the
child -
Child Abduction and
Enforcement of Custody Orders Act
1991 - Hague Convention on the
Civil Aspects of International Child
Abduction 1980, articles 3, 12, 13
INTELLECTUAL PROPERTY
European Communities (Term of
Protection of Copyright) Regulations
1995 (SI No. 158 of 1995)
The purpose of these Regulations is
to harmonise the term of protection
of copyright and certain related rights
with that of other EU Member States
in
accordance
with
Council
Directive 93/98/EEC (of 29 October
1993). The Regulations, which do
not have the effect of shortening any
term of protection which is already
running, came into effect on 1 July
1995.
HEALTH AND SAFETY
Irish Medicines Board Bill 1995
This Bill, as presented by the Minister
for Health, aims to provide for the
establishment of the Irish Medicines
Board and to transfer to this Board
the authority (currently exercised by
the Minister for Health) for licensing
human medicines and granting
permissions to conduct clinical trials.
Safety, Health and Welfare at Work
(Signs) Regulations 1995 (SI No. 132
of 1995)
These
Regulations
implement
Council Directive 92/58/EEC on the
minimum requirements for the
provision of safety and/or health
signs at work. The provisions of the
Regulations extend to all places and
they relate to signs referring to a
specific object, activity or situation
which
provide
information
or
instructions about safety and/or
health at work by means of a
signboard, a colour, an illuminated
sign, an acoustic signal, a verbal
communication or a hand signal. The
Regulations came into effect on 1
June 1995 and revoked the European
Communitie's (Safety Signs at Places
of Work) Regulations 1980.
Safety, Health and Welfare at Work
(Construction) Regulations 1995 (SI
No. 138 of 1995)
These
Regulations
implement
Council Directive 92/57/EEC on the
minimum
safety
and
health
requirements at temporary or mobile
construction sites. They revoke the
Construction (Safety, Health and
Welfare) Regulations 1975 and 1988.
The Regulations apply to all
construction projects as well as to the
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